FBI National Standing Collection Requirements: Botnets
| Tracking # |
1392139- 000 |
| Submitted | Dec. 18, 2017 |
| Est. Completion | None |
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Communications
From: Shawn Musgrave
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
FBI National Standing Collection Requirement: Botnets (WW-BOT-CYDSR-0027-11)
As a professional reporter who covers national security and the Justice Department, I assert that I am appropriately categorized as a "media requester" for the purpose of fees. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Shawn Musgrave
From: Federal Bureau of Investigation
There are eFOIA files available for you to download.
From: Federal Bureau of Investigation
There are eFOIA files available for you to download.
From: Federal Bureau of Investigation
There are eFOIA files available for you to download.
From: Central Intelligence Agency
An acknowledgement letter, stating the request is being processed.
From: Federal Bureau of Investigation
There are eFOIA files available for you to download.
From: Shawn Musgrave
To Whom It May Concern:
I hereby appeal the denial in its entirety of the FOIA request below, which the FBI assigned tracking number 1392139-000.
On 12/18/2017, I requested the following documents: "FBI National Standing Collection Requirement: Botnets (WW-BOT-CYDSR-0027-11)"
In a letter dated January 16, 2017 [a seeming error, as the letter was emailed on January 17, 2018 (note year error)], the FBI rejected my request in its entirety. The rejection letter indicated that responsive documents were being withheld pursuant to exemption b(7)(E).
In characteristic fashion — and in violation of both the spirit and letter of the Freedom of Information Act — the FBI has denied my request for records by invoking an exemption in broad fashion and without any specific explanation as to its application to the records in question. The FBI simply cited its asserted exemption and referred to a one-page, generic sheet which regurgitates the substance of all potential exemptions as codified by the FOIA. This flatly fails to meet the specificity burden the FBI has in denying me responsive documents pursuant to my request.
Nor did the FBI explain at all why the requested documents must be withheld in their entirety rather than partially redacted or portions released that are not covered by the asserted exemption. Without such justification, I am left to the conclusion that the FBI did not conduct this analysis, in violation of the agency's obligations under the statute.
Finally, the FBI's rejection letter did not outline any concrete way in which release of these records might foreseeably harm the agency's interests, as required by the "foreseeable harm" standard established in the 2016 revisions to the FOIA statute.
In light of the above, I ask that you remand this request to the FBI for a good faith search and provision of responsive documents.
Respectfully,
Shawn Musgrave
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